1. Ordinary Law of Civil Procedure
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Chapter 1: Role of the parties
Section 1: Conduct of proceedings
Section 2: Application of rule of law and classification of the facts
I: Principles
A: Measure ordered without knowledge of party
B: Grounds in the case
D: Oral proceedings
Section 4: Conciliation
Section 5: Proceedings
Section 6: Duty of respect (obligation de réserve)
Title 2: Non-contentious matters
Part 2: Legal action
Part 3: Application to file suit (demande en justice)
Part 4: Defenses
Part 5: Competent court
Part 6: Priority question of constitutionality (QPC)
Part 7: Agreements on extra-judicial case preparation (mise en état)
Part 8: Administration of evidence
Part 9: Judgments
Part 10: Procedural acts
34. Application by the court of the rule of law
1 minute de lecture
Case law establishes a final exception to the adversarial principle. When the litigant does not state the legal basis of their claim and the court resolves the dispute according to the applicable rule of law, the Court of Cassation considers that in the absence of a legal basis invoked by the parties, the court does not raise a legal issue ex officio and is therefore not required to respect the ad …
